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U.S. Court of Appeals for the 9th Circuit

May 12, 2010

A Missed Opportunity in Class Certification Law

Randall Edwards and Patricia Hsue of O'Melveny & Myers say Dukes v. Wal-Mart Stores Inc. will likely lead to further battles over the scope of class certification law.

By Randall Edwards and Patricia Hsue

When an en banc panel issues a 137-page decision after 13 months of deliberation, one might expect a comprehensive and clear resolution of significant legal issues. But the sharply divided 6-5 9th Circuit class certification decision on April 26, 2010 in Dukes v. Wal-Mart Stores Inc., left many issues unresolved, diverging at times from other circuits' analyses and likely leading to further significan...

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